This case fits squarely within the tradition of copyright enforcement. Turchin’s conduct—pirating and distributing dozens of copies of Glacier’s film—does not “promote the Progress of Science and useful Arts” by “assur[ing] authors the right to their original expression” and “encourag[ing] others to build freely upon the ideas and information conveyed by a work.” This is not a case of the infringer creating something new and incorporating a copyrighted element into that new, creative work. Rather, this case is the digital equivalent of standing outside the neighborhood Redbox—or Blockbuster Video, for fans of history—and giving away copies of the movie for free.

Five Reasons Why I Went from Making Films to Fighting for Those Who Make Them — Ruth Vitale, film producer and CEO of CreativeFuture, writes, “Creativity is at the heart and soul of our culture, of ideas that challenge us, and change our perception. Creativity is innovation. It’s the fabric of shared understanding that brings cultures together. And its success depends on strong copyright protections that ensure artists get fairly compensated for what they do. That’s been the American way for two centuries, and it is why we are global leaders in creativity. For a long time, I helped to tell stories about the human condition. Now, I do this work to help protect those very same storytellers, because I do not want to live in a world that doesn’t value creativity.”

About

Copyhype provides news and info on current developments relating to copyright law, the media industries, and the digital economy. It cuts through the hype to bring reasoned discussion aimed at both legal and nonlegal audiences.

Terry Hart is currently VP Legal Policy and Copyright Counsel at the Copyright Alliance. Any opinions expressed on this site remain his own and not necessarily those of his present or any past employers.